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How to Rebuild Your Credit After Bankruptcy

On Behalf of O’Brien Law Firm, LLC

Posted on: April 11, 2023

Bankruptcy can have a lasting effect on your credit score and future borrowing options. But with time, effort, and careful planning, it’s possible to rebuild your credit after bankruptcy. Here are some strategies for doing so.

  1. Get a Secured Credit Card

A secured credit card requires a security deposit, which becomes the card’s credit limit. These cards tend to be easier to acquire after bankruptcy and can help you start rebuilding your credit. Remember to use the card responsibly: this means making small purchases and then paying off the balance in full every month.

  1. Be Punctual with Bill Payments

Scheduling automatic payments or reminders is one of the most essential steps you can take to rebuilding your credit after bankruptcy. Late payments have a major negative effect on your score, so make sure to never miss one.

  1. Monitor Your Credit Report

It is essential to regularly review your credit report for errors or inaccuracies that could be harming your score. Each year, you are entitled to one free report from each major reporting agency; review it thoroughly and dispute any mistakes or inaccuracies you find.

  1. Maintain Your Credit Utilization Low

Credit utilization refers to the amount of credit used compared to what is available, so keeping it low is key when rebuilding after bankruptcy. Aim to keep your utilization percentage below 30% when building after bankruptcy.

  1. Consider a Credit Builder Loan

A credit builder loan is an option designed to assist those with poor credit in rebuilding their credit scores. With this type of loan, the lender deposits the money into a savings account, and you make payments towards it every month. Upon repayment, you receive all funds in your savings account plus any interest earned during the duration of the loan.

  1. Have Patience

Rebuilding your credit after bankruptcy takes time and patience. It may take years to fully recover and rebuild your score again, so be patient and persistent in your efforts to improve it.

If you need help rebuilding your credit after bankruptcy or have questions about bankruptcy law, reach out to The O’Brien Law Firm today. Our knowledgeable attorneys can offer guidance and support through every step of the complex legal process so that you can get back on track financially.

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Estate Planning for Small Business Owners

On Behalf of O’Brien Law Firm, LLC

Posted on: March 20, 2023

Small business owners face unique challenges when it comes to estate planning. Unlike individuals who work for a company or have a regular job, small business owners must consider how their death or incapacity will affect their business. Proper estate planning can help ensure that a small business owner’s wishes are carried out and that their business is able to continue operating in their absence.

Planning Considerations for Small Business Owners

Business Succession Planning

Small business owners must plan for what will happen to their business in the event of their death or incapacity. This can include naming a successor to take over the company, setting up a buy-sell agreement, or creating a trust to hold the business assets.

Asset Protection

Small business owners must protect their personal assets from any liabilities associated with their business. This can include creating a separate legal entity for the business, such as a corporation or limited liability company (LLC), and ensuring that the business is adequately insured.

Tax Planning

Small business owners must consider the tax implications of their estate plans. This can include minimising estate taxes, avoiding probate, and ensuring that the business is structured in a tax-efficient manner.

Retirement Planning

Small business owners must plan for their retirement and ensure that their businesses will be able to provide for them during their retirement years. This can include setting up a retirement plan for the business and ensuring that the company is generating enough income to support its retirement needs.

Succession Planning

Small business owners must plan for the long-term future of their business. This can include grooming a successor to take over the company, ensuring that the firm has a solid management team in place, and creating a strategic plan for the future of the business.

Estate Administration

Small business owners must ensure their estate plan is properly administered after death. This can include naming an executor or trustee to oversee the distribution of assets, ensuring that beneficiaries receive their inheritances in a timely manner, and minimising the risk of disputes among heirs.

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Bankruptcy Fraud: Consequences and Legal Penalties

On Behalf of O’Brien Law Firm, LLC

Posted on: March 20, 2023

Bankruptcy is a legal process that allows businesses and individuals to exude or discharge their debts. However, some people try to abuse the bankruptcy system by committing bankruptcy fraud. Bankruptcy fraud can have serious consequences, including criminal charges and significant financial penalties.

Types of Bankruptcy Fraud

Bankruptcy fraud can take many forms, but it typically involves concealing assets or income in order to avoid paying creditors or qualifying for bankruptcy relief. Some common examples of bankruptcy fraud include:

  • Failing to disclose all assets or income in bankruptcy filings
  • Transferring assets to family or friends prior to filing for bankruptcy
  • Filing multiple bankruptcy cases in different jurisdictions to delay or avoid creditors
  • Falsifying financial records or documents

Penalties for Bankruptcy Fraud

Bankruptcy fraud is a federal crime and is punishable by both fines and imprisonment. The penalties for bankruptcy fraud can vary depending on the severity of the offence, but they can include the following:

Fines

Bankruptcy fraud can result in fines of up to $250,000 for individuals and up to $500,000 for corporations.

Imprisonment

Bankruptcy fraud can result in imprisonment for up to five years for individuals and up to 20 years for corporations.

Restitution

Bankruptcy fraud can result in the requirement to pay restitution to the victims of the fraud.

In addition to these legal penalties, bankruptcy fraud can also have long-lasting consequences for the individual or business involved. Bankruptcy fraud can damage a person’s credit score, making it difficult to acquire credit in the future. It can also make it difficult to obtain employment or professional licenses.

To avoid bankruptcy fraud, it is important to be honest and transparent throughout the bankruptcy process. This includes disclosing all assets and income in bankruptcy filings, working with a bankruptcy attorney to ensure all filings are accurate and complete, and avoiding any attempts to hide assets or income from creditors.

Working with an experienced bankruptcy attorney can help ensure that all filings are accurate and complete and can help individuals and businesses navigate the bankruptcy process in a way that is legal and ethical.

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How to Choose the Right Guardian

On Behalf of O’Brien Law Firm, LLC

Posted on: February 15, 2023

It can be extremely hard to transfer the responsibility of raising your children to someone else, but it is our duty to ensure our children will be in the best hands. That is why picking a legal guardian to look after the kids is necessary in case both parents die. You get plenty of time to think about who would be the best suitable option for your kids, and you can always change your mind because this decision cannot be rushed.

Not Making A Married Couple Your Priority

It is not necessary that you have to choose a married couple specifically to take care of your child because divorce can happen even among the best couples. There is always that question of whether your child will fit in with the rest of the children or not if the couple has any children of their own.

Grandparents Are Not a Great Choice

It is true that your parents did a great job raising you, but it should also be taken into account that they are old and may not be able to look after your children properly. It is also important to notice the relationship your kids share with their grandparents.

Close Family Friends

Your family friends are a better option, especially the ones having kids of the same age as your children. In this case, your children will connect easily with other children of the same age.

Taking the Opinion of Your Children

If your kids are old enough to make this decision, you can ask them whom they want to live with. You must ensure that your children have a good emotional connection with your chosen guardian.

Keep a Backup Option

If the person you chose refuses to take responsibility for your children, they can always go to their backup guardians. That is why it is very important to choose a good backup guardian for your kids in case the guardians reject the responsibility. All of these decisions would be hard to take, but every possible step should be taken to make sure that your children are in the right hands.

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What is a Bankruptcy Trustee?

On Behalf of O’Brien Law Firm, LLC

Posted on: February 15, 2023

A trustee is a person appointed by the state to put forward a person’s estate in the case of bankruptcy. The bankruptcy trustee evaluates and gives suggestions regarding the important steps that need to be taken during the bankruptcy proceedings in court.

Despite the suggestions that are made keeping in mind various debtors’ demands, the bankruptcy judge makes the final decision regarding the estate.

Responsibilities of Bankruptcy Trustee

The responsibilities of a bankruptcy trustee are different based on different types of bankruptcy. In the case of chapter 13 bankruptcy, the owner sells some of their assets to pay their debts and keep the rest for themselves. In chapter 13, bankruptcy, the debts are not discharged because the owner offers to provide a repayment plan. Individuals mostly file it with a regular income who can restructure their obligations and pay their debts over time.

Regular does not only mean wages earned through a job. It can also include self-employed individuals or unincorporated business owners. It is the trustee’s responsibility to come up with a restructuring plan to help the debtor repay their debts timely.

In the case of chapter 11 bankruptcy, the owner aims to re-emerge from bankruptcy and try to continue their operations. This type of bankruptcy is mostly filed by business owners who want to help their business function again. Chapter 11 bankruptcy is one of the most expensive ways to deal with bankruptcy.

Reorganising your business can cost you a lot. It is necessary to do thorough research and evaluation before making a plan to reorganise your business. A trustee helps you devise a plan according to your current financial standing and advices on selling the business if there is no chance of reorganising.

In the case of chapter 7 bankruptcy, a trustee liquidates the owner’s assets and repays the debts and creditors by formulating a bankruptcy plan. After paying all the essential debts, the court discharges the remaining debts if the funds gathered from liquidation are exhausted. The trustee sells all the assets and transfers them to a trust. He then pays all the valid claims accordingly.

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“From my initial consultation throughout the entire process, Mr. O'Brien and his staff handled my legal matters with the utmost professionalism and care. I am especially grateful for Crystal who patiently answered all my questions and put my mind to ease over and over. Thank you O'Brien Law Firm, LLC!”
– C.H.
“Thank you so much for the advice. I knew I chose the right attorney!”
– C.H.

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